Practices - Intellectual Property

Trademark Law

Picking a strong trademark minimizes the cost of protection and improves the enforceability of the mark over time

Trademarks are perhaps one of the most pervasive types of intellectual property protection because they are used to identify the source of a product or service, and nearly every business delivers a product or a service. Trademarks: The Spectrum of Distinctiveness is an infographic developed by DRM’s attorneys to demonstrate the scope of protection one can expect from the different types of marks, which is crucial information if you are in the process of selecting a mark.

DRM’s trademark attorneys can assist you in picking a strong mark, minimizing the cost of protection, and improving the enforceability of the mark over time. Devoting resources early to take advantage of DRM’s clearance and registration process can help you avoid costly disputes and litigation down the road. If you do find yourself in a trademark dispute, DRM’s attorneys frequently negotiate settlements, or use coexistence agreements to resolve issues amicably. While our philosophy is to do work up front that helps reduce the chance of costly litigation, we will also litigate trademark disputes on behalf of our clients.

DRM’s attorneys are your trademark advantage.

Each of the attorneys providing trademark services at DRM has been practicing in this area of law for no less than 10 years. In addition to our highly-skilled trademark attorneys, DRM has a dedicated team of IP paralegals who are specialized in their own respective fields. With this depth of bench and level of experience, we are able to leverage our trademark work with our clients’ budgets in mind, while also being responsive and attentive. Given the quality of the work, and the responsive nature of the team, you’ll find our legal fees for providing trademark clearance, opinions, registration and maintenance are an excellent value.

For more information about DRM’s trademark practice, please contact Peter Kunin or Cathleen Stadecker.

Engage DRM’s trademark attorneys at any stage of the trademark process.

DRM’s trademark attorneys are experienced with every stage of the trademark process. If you are in need of brand clearance and protection, trademark registration strategy or global trademark portfolio management, DRM attorneys can help you in the following ways:

Brand Selection and Clearance: Brands, trademarks, logos, product configurations, service marks and trade dress can all be protected as “marks.” DRM attorneys provide counsel regarding the selection of and clearance for new trademarks in the U.S. and worldwide.

Trademark Registration: DRM attorneys file trademark applications, including fixed fee application filing, to register trademarks with the United States Patent and Trademark Office (USPTO), prosecute trademarks via communications with the USPTO Examining Attorney, and handle ex parte and inter partes proceedings before the Trademark Trial and Appeal Board (TTAB). We also work regularly with a network of foreign associates to register marks globally, in all jurisdictions outside of the U.S.

Trademark Disputes: DRM attorneys advise clients on trademark disputes, including policing and enforcing trademarks online and responding to and defending claims of trademark infringement, both in the U.S. and abroad. We handle litigation before the TTAB and in federal court, as well as Uniform Dispute Resolution Procedures (UDRP) involving domain names. We also negotiate trademark settlements, including licensing and coexistence agreements to resolve disputes amicably instead of in court.

Recent Accomplishments

  • Developed and managed global trademark portfolios for companies in the outdoor sports equipment, clothing, online gaming, online retail, consumer goods, software, and alcoholic beverages industries.
  • Assisted client in food service equipment industry with challenge to false and misleading claims by competitor, resulting in agreement to correct false advertising.
  • On behalf of national gluten-free baked goods company, successfully obtained settlement agreements under which infringers agreed, outside of court, to stop using names similar to client’s brand name.
  • Represented a jewelry company in a cancellation proceeding before the TTAB that settled favorably mid-trial, allowing the client to obtain a federal trademark registration.
  • Successfully obtained a settlement agreement for national high-end women’s clothing maker under which the infringer agreed to abandon its trademark application and choose another brand name.
  • Obtained a highly favorable settlement under which infringer agreed to cease use of client’s trademarks, copyrights, and trade secrets for a national manufacturer of eco-friendly modular homes.

Peter B. Kunin

Director

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Cathleen E. Stadecker

Director

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Jennifer Drake

Jennifer Drake

Associate

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William Morris

William J. Morris, III

Of Counsel

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April F. Hathaway

Paralegal

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Karen S. Jeffer

Paralegal

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Jennifer Parent

Paralegal

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Trademark Law

So You Think You Can Use Your Trademark Outside the U.S.?

This article provides an introduction to the benefits and pitfalls of international trademark protection, with a brief discussion of recent developments in China and Canada.
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William J. Morris III Joins Downs Rachlin Martin PLLC

(Burlington, Vt.)  Attorney William J. Morris III has joined the northern New England law firm Downs Rachlin Martin PLLC. Morris, a trademark attorney, joined […]
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Basics of Trademark Registration – Part One

Learn the basics of trademark registration - what, why and how.
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Basics of Trademark Registration – Part Two

Learn the basics about the process for trademark clearance and trademark application.
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